HomeMy WebLinkAbout96-30PCRESOLUTION 96-30PC
A RESOLUTION DENYING A VARIANCE TO PERMIT A SIDE YARD
SETBACK OF 6.77 FEET INSTEAD OF THE REQUIRED 10 FEET TO ALLOW
THE CONSTRUCTION OF A DECK ADDITION TO AN EXISTING
DWELLING
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Donald Kemper has applied for a variance from Section 4.2 of the Zoning Ordinance
in order to permit the construction of a 4' by 20' deck addition to an existing dwelling
on property located in the R-1 (Suburban Residential) District and the SD (Shoreland
Overlay) District at the following location, to wit;
15097 Manitou Road, legally described as Lot 5, Kopps Bay Addition
2. The Board of Adjustment has reviewed the application for variance as contained in
Case File #96-083 and held hearings thereon on September 9, 1996.
The Board of Adjustment has considered the effect of the proposed variances upon
the health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variances on the
Comprehensive Plan.
The request does not meet the Ordinance criteria in that reasonable use of the property
can be obtained if the ordinance is literally applied, and there are legal alternatives
available for the location of a deck and access to the new addition without variances.
The granting of the variance is not necessary for the preservation and enjoyment of a
substantial property fight of the applicant. The variance would serve merely as a
convenience to the applicant, but is not necessary to alleviate demonstrable hardship.
6. The contents of Planning Case File #96-083 are hereby entered into and made a part
of the public record and the record of decision for this case.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447 4245
AN EQUAL OPPORTUNITY EMPLOYER
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby denies the
requested variance to allow a deck addition to be located 6.77' from the north property
line.
Adopted by the Board of Adjustment on September 9, 1996.
ATTEST:
William Criego, Chair
Donald R. Rye, Planning Director
96083va~res9630,doc 2